Neutral Citation No. - 2025:AHC-LKO:11787 Court No. - 19 Case :- WRIT - C No. - 1581 of 2025 Petitioner :- Smt. Mithilesh Singh And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy., Deptt. Of Institutional Finance, Lko. And Others Counsel for Petitioner :- Janardan Singh,Sushil Kumar Singh Counsel for Respondent :- C.S.C.,Harsh Vardhan Singh Hon'ble Manish Mathur,J. 1. Heard Mr. Sushil Kumar Singh alongwith Mr. Janardan Singh, learned counsels for petitioners, learned State Counsel for opposite parties. no.1 & 2 and Mr. G. C. Verma alongwith Mr. Harsh Vardhan Singh, leaned counsels for opposite parties no.3 & 4 whose power filed today is taken on record. 2. Supplementary affidavit filed today on behalf of petitioner is taken on record. 3. Petition has been filed challenging order dated 18.01.2025 passed by Deputy Registrar, Ayodhya as well as a direction to the concerned authority not to act upon the aforesaid order. 4. It has been submitted that earlier a tentative list dated 16.11.2022 was issued by the Deputy Registrar, Firms, Societies and Chits, Ayodhya Division Ayodhya pertaining to the electoral college of the Society in question being the Krishak Samaj Vidyalaya Samiti, Chhatuani Dehars, District Gonda and thereafter an order dated 09.08.2023 finalizing 130 members of the electoral college was also issued alongwith an election programme. The order dated 09.08.2023 was thereafter challenged in Writ C No.7345 of 2023 by one Shravan Kumar Singh & Anr. (opposite parties no.3 & 4 herein) primarily on the ground that the order dated 09.08.2023 had been passed without finalizing objections dated 29.11.2022. 5. This Court finding substance in the aforesaid submissions allowed the Writ Petition quashing order dated 09.08.2023 and issuing a direction to the Deputy Registrar to dispose of objections filed by the said petitioners in respect of the tentative list dated 16.11.2022 and thereafter passing order on the said objection, direction for holding of elections in exercise of powers under Section 25(2) of the Act of 1860 was issued. 6. Learned counsel for petitioners submits that in pursuance to the said order, objections were filed by petitioners but instead of acting upon the earlier tentative list dated 16.11.2022 as directed by this Court, a fresh tentative list of the electoral college has been issued by means of impugned orders. It is submitted that by passing of impugned order, the authority concerned has sought to over reach the direction issued by this Court vide judgment and order dated 25.08.2023 passed in Writ C No.7345 of 2023. It is further submitted that instead of issuing a tentative list of electoral members, the authority concerned was required to finalize the list of members of electoral college after deciding objections. It is also submitted that re-issuing a tentative list of electoral college, procedure for elections to Society is being prolonged unnecessarily. 7. Learned State counsel and learned counsel for opposite parties no.3 & 4 have raised a preliminary objection regarding maintainability of this petition on the ground that the order impugned has merely issued a tentative list of electoral college against which petitioners have already filed objections, which are yet to be decided finally and therefore this petition is premature. 8. It is also submitted that in pursuance of directions issued by this Court vide judgment and order dated 25.08.2023, a notice dated 30.11.2023 was issued to all the parties and in pursuance thereof, the opposite parties no.3 & 4 submitted that their objections dated 29.11.2022 were already on record, which were required to be decided along with additional pleas which were taken by them. 9. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it is evident that earlier the tentative list of electoral college dated 16.11.2022 was issued by the Deputy Registrar concerned, which forms the basis of order dated 09.08.2023 finalizing a list of 130 members of electoral college of the Society in question. The said order dated 09.08.2023 was thereafter set aside by means of judgment and order dated 25.08.2023 passed in Writ C No.7345 of 2023 directing the Deputy Registrar to dispose of the objections filed by petitioners in respect of the tentative list dated 16.11.2023 and to take steps for holding of elections. 10. It is also evident that subsequent to directions issued by this Court, petitioners have not yet filed any objections to the tentative list dated 16.11.2022 although learned counsel for parties admit on the basis of instructions that from the tentative list dated 16.11.2022, a number of persons included in the then electoral college have passed away. 11. A perusal of paragraphs 23 and 24 of the writ petition also indicates the serial number of persons in the impugned list dated 18.01.2025 whereby it has been averred that out of 117 persons included in the said list, 67 persons are no longer alive and only 50 members of the aforesaid list are remaining. 12. Considering the aforesaid averments and submissions of learned counsel for parties, it is thus evident that although earlier by means of judgment and order dated 25.08.2023, directions had been issued to the Deputy Registrar to dispose of objections against tentative list dated 16.11.2022, the aforesaid list for all practical purposes has lost its efficacy due to passing away of certain persons included in the said list. 13. Although issuance of continuous tentative list of the electoral college would not be advisable but in view of the changed circumstances, liberty is granted to all concerned to file their objections to the fresh list of electoral college issued by means of impugned order dated 18.01.2025 within a period of two weeks from today whereafter the Deputy Registrar, Ayodhya Division Ayodhya is directed to finalize the list of electoral college of the Society concerned and thereafter to proceed in accordance with directions issued by this Court vide judgement and order dated 25.08.2023. 14. In view thereof, the petition stands disposed of. Order Date :- 27.2.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench